OutilseBooksCommercial Leases/Business GoodwillOuvragesCommercial Leases/Business GoodwillAuteur : Louis VogelSommaireSommaire de l’ouvrageIntroductionPart 1: Commercial leasesPart 2: Business goodwillTout déplierTout replier1. Establishment of a Status for Commercial LeasesThe commercial lease is one of the essential elements of the business assets. It is among the intangible elements, such as clientele and goodwill, the sign, the trade name, the domain name, as well as patents and licenses, alongside tangible …2. Protective status for merchantsThe status of commercial leases, designed to effectively protect merchants and their business assets, is somewhat rigid. Comprising numerous mandatory public policy provisions, the status of commercial leases grants the tenant an essential …3. Compatibility with European Union lawIn comparison with the law of other European countries, which allows a wide scope for contractual freedom, French commercial lease law is much more protective. The development of European trade, which has led economic actors to establish themselves …4. Compliance of the status with the provisions of the ECHRFor several years, it has been common for the provisions of the European Convention on Human Rights and Fundamental Freedoms to be invoked before national courts. Litigation concerning commercial leases is no exception and has significantly …5. Challenges arising from commercial lease status with regard to internal marketEven though legal commentators regularly examine the impact of European law on national rental laws and question the potential unity of commercial lease law within the Union, the regime of commercial leases still escapes any European or …Introduction
